How long do employers have to respond to unemployment claims in New York?
I filed for unemployment benefits about two weeks ago and my claim is still showing as pending. I'm wondering how long employers have to respond to unemployment claims here in NY? My former employer was pretty disorganized so I'm worried they might not respond at all or miss the deadline. Does anyone know what the timeframe is and what happens if they don't respond in time? This is my first time filing for UI so I'm not sure how the whole process works.
16 comments
Join the conversation
Ella Knight
Employers in New York have 10 calendar days to respond to a notice from NYS Department of Labor about your unemployment claim. If they don't respond within that timeframe, the claim is typically processed based on the information you provided. However, they can still contest it later if they have good cause for the delay. The whole adjudication process can take 4-6 weeks depending on the complexity of your case.
0 coins
Julian Paolo
•Thanks! That's really helpful to know. So even if they're late responding, they can still contest it later? That's kind of frustrating.
0 coins
William Schwarz
yeah my employer never responded and i still got approved after like 3 weeks. the nys department of labor will make a decision either way, they dont just leave your claim hanging forever
0 coins
Lauren Johnson
The 10-day rule is correct, but there are some nuances. If your separation reason is straightforward (like a layoff), the process moves faster. If there are potential issues like misconduct or voluntary quit circumstances, NYS Department of Labor may take longer to investigate. You should keep filing your weekly claims even while it's pending - if approved, you'll get back pay for those weeks.
0 coins
Julian Paolo
•I was laid off due to budget cuts, so hopefully that helps speed things up. I've been filing my weekly claims like you suggested.
0 coins
Jade Santiago
UGH the whole system is so slow! I waited 5 weeks for my claim to get approved because my employer kept sending conflicting information. They responded on day 9 saying I quit, then sent another letter a week later saying I was fired for attendance. NYS Department of Labor had to sort through all their BS.
0 coins
Caleb Stone
•That sounds like a nightmare! Did you end up getting approved eventually? I'm dealing with something similar where my employer is being difficult.
0 coins
Jade Santiago
•Yeah I got approved but it took forever. Had to provide my own documentation to prove they were lying about the attendance thing.
0 coins
Daniel Price
If you're having trouble getting through to NYS Department of Labor to check on your claim status, I used a service called Claimyr that helped me reach an actual agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me from sitting on hold for hours when I needed to get information about my adjudication delay.
0 coins
Julian Paolo
•Interesting, I hadn't heard of that before. Have you used it yourself? I've been trying to call but can never get through.
0 coins
Daniel Price
•Yeah I used it last month when my claim was stuck. Much easier than trying to call during their busy hours. The agents were able to give me specific information about why my claim was delayed.
0 coins
Olivia Evans
Just wanted to add that if your employer does contest after the initial decision, you'll get a notice about a hearing. Don't panic if that happens - you'll have a chance to present your side of the story. Keep any documentation you have about your employment and separation.
0 coins
Annabel Kimball
I'm going through something similar right now - filed about 10 days ago and still waiting. From what I've learned lurking in these forums, the 10-day employer response window seems pretty standard, but the actual processing time varies a lot depending on your situation. Since you mentioned your employer was disorganized, there's a good chance they might not even respond at all, which could actually work in your favor. Keep documenting everything and filing those weekly claims like others have said. The waiting is definitely stressful but it sounds like most people do get resolved one way or another within a month or so.
0 coins
CosmicCruiser
•Thanks for sharing your experience! It's reassuring to hear from someone going through the same thing. You're right about the waiting being stressful - I keep checking my claim status multiple times a day even though I know nothing's going to change that quickly. Good to know that disorganized employers not responding might actually help rather than hurt. Hope both of our claims get processed soon!
0 coins
Carmen Ortiz
I just went through this process a few months ago and can confirm what others have said about the 10-day employer response window. One thing that really helped me was keeping a detailed record of my separation - I wrote down the exact date, circumstances, and any witnesses present when I was laid off. Even though my employer didn't contest the claim, having that documentation ready gave me peace of mind. Also, don't be discouraged if it takes the full 4-6 weeks - the system is backed up but it does work. Since you were laid off due to budget cuts, that's usually pretty straightforward for them to process once they get to it.
0 coins
Jamal Edwards
•That's great advice about documenting everything! I wish I had thought to write down all the details right when it happened - now I'm trying to remember the exact date and what my supervisor said. Do you think it matters that I don't have any witnesses? It was just me and my manager when they told me about the layoffs. Also, did you have to submit that documentation somewhere or just keep it for your own records in case they asked for it later?
0 coins